Illinois Road Defect Accident Damages

Last Updated: October 24, 2026

735 ILCS 5/2-1117 makes defendants found liable jointly and severally liable for past and future medical and medically related expenses, except as provided in section 2-1118. A claim against the State uses the adjusted award limit in 705 ILCS 505/8(d).

Medical Expenses and the Other Damages

Section 2-1117 separates those medical expenses from the other damages. A defendant whose fault is less than 25 percent of the total fault of the plaintiff, the defendants sued, and any third-party defendant except the plaintiff’s employer is severally liable for the other damages. A defendant at 25 percent or more of that total is jointly and severally liable for the other damages. The source is P.A. 93-10 and P.A. 93-12, effective June 4, 2003. 735 ILCS 5/2-1116 diminishes damages in proportion when the plaintiff’s contributory fault is not more than 50 percent of the proximate cause, and it bars recovery above that share. Records from before the injury and records from after it can be part of the proof of that share and of the medical expenses.

A Local Entity and the State

745 ILCS 10/3-102(a) gives a local public entity a duty of ordinary care and requires actual or constructive notice in reasonably adequate time. The section does not state a dollar maximum. 745 ILCS 10/1-206 says a local public entity does not include the State or a department of the State. 745 ILCS 10/8-101(a) is one year from the date the injury was received or the cause of action accrued, against a local entity or its employees, other than the patient-care action in subsection (b). A tort claim against the State is filed in the Court of Claims. Section 8(d) gives that court jurisdiction if a like cause of action would lie against a private person or corporation. The statutory base for a tort award is $2,000,000 to or for the benefit of any claimant. The same subsection requires the court to adjust that maximum each year for any increase in the Consumer Price Index For All Urban Consumers for the previous calendar year, as determined by the United States Department of Labor. The Comptroller’s 2026 award-limit notice states the adjusted tort limit for 2026 at $2,629,104.52. The amount for another year is the adjustment published for that year. Neither the statutory base nor the adjusted maximum applies to an award arising out of the operation by a State employee of a vehicle owned, leased, or controlled by the State. 705 ILCS 505/22(h) is two years after accrual for a claim that is not in subsections (a) through (g). 705 ILCS 505/22-1 requires a notice, within one year from the injury or accrual, before a Court of Claims action for damages on account of an injury to the person. The same section says a claimant is not required to file that notice if the claim is filed within one year of accrual.

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Frequently Asked Questions

Are there damage caps for road defect claims against government entities in Illinois?

Section 3-102 does not state a dollar maximum for a local entity. Section 8(d) states the State’s tort-award base and requires the annual adjustment. The Comptroller’s 2026 notice states $2,629,104.52 for that year. The vehicle exception remains.

Can I recover damages for pain and suffering in a government road defect claim?

Section 2-1117 states the rule for past and future medical and medically related expenses and for the other damages. Section 2-1116 is the plaintiff’s share of the proximate cause.

What if I had a pre-existing condition before the road defect accident?

Section 2-1116 uses the plaintiff’s share of the proximate cause. Records from before the injury and records from after it can be part of the proof.

How are future medical costs calculated in a road defect claim?

Section 2-1117 includes past and future medical and medically related expenses among the damages for which liable defendants are jointly and severally liable, except as provided in section 2-1118.

Damages in Illinois Road Defect Car Accident Claims